Passengers and drivers are equally susceptible to injuries in a car accident. No one likes to think about it, but sometimes a person must sue a friend or loved one in order to recover the compensation he or she deserves and needs to move on from the accident. If you would like more information on who a passenger in a South Florida car accident may sue, please read on, then contact an experienced Miami car accident lawyer today.
What rights does a passenger in a South Florida car accident have?
The Sunshine State’s laws allow passengers to recover compensation for their injuries or losses resulting from a car accident through their Personal Injury Protection (PIP) insurance, meaning that you can file a claim even if you were not the one driving. However, only those who own a car or drive carry Personal Injury Protection coverage. In cases when the passenger does not own a car or drive and, therefore, does not carry Personal Injury Protection insurance, the Bodily Injury Liability insurance policy of the car you were riding in should cover your compensation. Please bear in mind that Florida is a no-fault state.
In some cases, especially those in which the driver of the car you were riding in shares a large portion of the fault, you have the right to file a claim to recoup the costs and damages you incurred from the car accident.
How does a passenger qualify for a personal injury claim after a South Florida car accident?
In cases where your insurance is insufficient to cover your expenses and it is possible to pursue a claim against the insurance of the driver of the car in which you were riding, your injuries must meet one or more of the following criteria:
- Permanent injury of an organ or body part
- Any significant limitation of a bodily function
- Bone fractures
- Injuries that force the passenger to be on disability for at least 90 days
Needless to say, you must satisfy the burden of proof against any and all of the defendants in your personal injury claim. Beware that the other parties’ lawyers may try to shift the blame.
How might a passenger share fault in a car accident?
Admittedly, it is rare for a passenger to be found partially at-fault for a car accident. However, the defendant’s lawyers may argue that you share fault because you:
- Refused to wear a seatbelt
- Rode with the driver knowing he or she was impaired
- Told the driver the road was clear when it was not
- Intentionally distracted the driver
Having a skilled Miami auto accident lawyer on your side can help ensure that the correct parties are assigned fault and that you receive the compensation to which you are entitled.
Contact a Miami-Dade County, Florida Personal Injury Lawyer
If you’ve been seriously injured as a result of negligence, contact us at Aigen Law Firm today to schedule your free case evaluation.